Whole Foods argues it can ban BLM masks because the Supreme Court let a Christian business owner refuse same-sex couples - eviltoast

Amazon.comā€™s Whole Foods Market doesnā€™t want to be forced to let workers wear ā€œBlack Lives Matterā€ masks and is pointing to the recent US Supreme Court ruling permitting a business owner to refuse services to same-sex couples to get federal regulators to back off.

National Labor Relations Board prosecutors have accused the grocer of stifling worker rights by banning staff from wearing BLM masks or pins on the job. The company countered in a filing that its own rights are being violated if itā€™s forced to allow BLM slogans to be worn with Whole Foods uniforms.

Amazon is the most prominent company to use the high courtā€™s June ruling that a Christian web designer was free to refuse to design sites for gay weddings, saying the case ā€œprovides a clear roadmapā€ to throw out the NLRBā€™s complaint.

The dispute is one of several in which labor board officials are considering what counts as legally-protected, work-related communication and activism on the job.

  • Blake [he/him]
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    22ā€¢10 months ago

    Either employees should be allowed to wear personal accessories to express themselves, or they should not. How do you define what is and is not political?

    • @serial_crusher@lemmy.basedcount.com
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      13ā€¢10 months ago

      Also, this articleā€™s vague, but ā€œno slogans, logos, or advertising except for Whole Foods brandingā€ is Whole Foodsā€™s official dress code. https://www.shrm.org/resourcesandtools/legal-and-compliance/employment-law/pages/whole-foods-black-lives-matter-mask.aspx

      The plaintiffs were told they had to remove their Black Lives Matter face masks because they violated the dress code, but the workers refused and were sent home. After being sent home several times, they were fired for violating the companyā€™s attendance policy.

      • Blake [he/him]
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        4ā€¢10 months ago

        The problem with all of these things is always unequal enforcement. For example if the store allowed an employee to wear a thin blue line mask, and fired another employee for a BLM mask

        • @freeindv@monyet.cc
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          1ā€¢10 months ago

          if the store allowed an employee to wear a thin blue line mask,

          Except the store didnā€™t do that

            • Saik0
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              10 months ago

              So we donā€™t really know one way or another.

              Itā€™s was a dismissed court caseā€¦ What are you talking about ā€œwe donā€™t knowā€ court records are a thing. You can get them directly by submitting a FOIA request.

              Or just reading the new articles that spawned from the case.

              https://www.reuters.com/legal/judge-dismisses-whole-foods-workers-lawsuit-over-black-lives-matter-masks-2023-01-23/

              ā€œThe evidence demonstrates only that Whole Foods did not strenuously enforce the dress code policy until mid-2020, and that when it increased enforcement, it did so uniformly,ā€ Burroughs wrote in a 28-page decision.

              Thereā€™s no evidence that it was unfairly applied. And if you have such evidence Iā€™m sure you can submit it to the plaintiffā€™s lawyers and theyā€™ll set you up with a sweet payday.

              Whole Foods, part of Amazon.com Inc (AMZN.O), has long maintained that its adopted its dress codeā€“which also covered visible slogans, logos and ads

              Would ALSO cover ā€œthin blue lineā€ as well btwā€¦ Technically it would cover the proper American flag as wellā€¦

    • @Zippy@lemmy.world
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      5ā€¢10 months ago

      Up to the business. If they donā€™t want political statements or and statement made at work, I can understand it.

      • Blake [he/him]
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        -2ā€¢10 months ago

        That just means that employers can push their own political agendas and suppress alternatives.

        ā€œEmployees may not wear pins of a political nature, such as expressing support for Joe Biden. Wearing a pin expressing support for Donald Trump is acceptable because that is not political.ā€

        Like I said, it either has to be all or nothing - allow self expression or do not. Allowing self expression only if the company agrees with the expression is essentially compelled speech.

        • @freeindv@monyet.cc
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          -1ā€¢10 months ago

          That just means that employers can push their own political agendas and suppress alternatives.

          Damn straight

    • @serial_crusher@lemmy.basedcount.com
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      5ā€¢10 months ago

      Agreed, if I ran a grocery store chain Iā€™d just have the employees wear uniforms with no personal expression.

      At the end of the day itā€™s the businessā€™s right to set whatever policy they want though. If the government decides employees have a constitutionally protected right to wear whatever they want to wear to work, weā€™re gonna see a lot of crazy bullshit.

      • Blake [he/him]
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        0ā€¢10 months ago

        If the government decides employees have a constitutionally protected right to wear whatever they want to wear to work, weā€™re gonna see a lot of crazy bullshit

        Would it be a bad thing? I think with some sensible exceptions it would be a very good thing to permit free expression as the default.